Hertz Corporation v. Robineau

Texas resident Patricia Robineau, appellee, negligently caused an accident in Florida while driving a car rented there from appellant Hertz Corporation. The rental contract with Hertz-whose fleet was self-insured under Florida law-stated that Robineaus auto insurer would bear primary liability in the event of an accident. At the time of the accident, Robineau had an auto liability policy from appellee Texas All Risk General Agency, Inc. ("Texas All Risk") that contained an "other insurance" clause providing that its coverage would only be excess for damages caused while Robineau was driving a non-owned car covered by other insurance. After the accident, Texas All Risk settled the claim of the other driver against Robineau, then brought a subrogation claim for reimbursement through Robineau against Hertz, claiming that pursuant to the "other insurance" clause in the Texas All Risk policy, Hertz was primarily liable. The trial court granted Texas All Risks motion for summary judgment. Hertz appeals, arguing that (1) Florida law applies to this case and that, under Florida law, Hertz should prevail because its contract clearly shifts primary liability to Texas All Risk and, (2) alternatively, even if Texas law applies to this dispute, Hertz should prevail because self-insurance is not "other insurance" collectible under the terms of the Texas All Risk policy. Because we conclude Hertz prevails under either Florida or Texas law, we will reverse the trial courts judgment and render judgment for Hertz.